Switzerland regulates cross-border inheritance cases in a new way
Published: Tuesday, Dec 12th 2023, 09:00
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Switzerland is receiving new legal regulations for cross-border inheritance cases and is bringing the corresponding provisions into line with EU law. On Tuesday, the Council of States resolved the last differences with the National Council on the revision of the Federal Act on Private International Law.
The aim of the reform is to ensure that several authorities or countries do not become involved in cross-border inheritance cases. This includes cases in which someone moves abroad after retirement, dies there and leaves assets both in Switzerland and at their last place of residence.
The population is becoming increasingly mobile, the Federal Council explained in earlier deliberations on the revision. A large proportion have several citizenships or spend a period of their lives abroad.
One of the controversial aspects of the bill was how to deal with cases in which someone chooses which law is to be applied in their will or inheritance contract. The Council of States originally wanted Swiss citizens with multiple nationalities to systematically have to choose Swiss law. The National Council and Federal Council did not want to restrict the choice of law.
The National Council recently made a compromise proposal on the matter, according to which the law would stipulate that Swiss nationals with multiple citizenships who opt for foreign law may not affect the compulsory portions under Swiss law.
The Council of States agreed to this solution on Tuesday without opposition. The matter is now ready for the final vote.
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